The plaintiffs in this action claim against the defendants a declaratur that the plaintiffs are the lawful and rightful owners of a property called Stand 7871 Belvedere West, Harare. In consequence of the declaratur being granted in their favour, the plaintiffs further claim for an order that the 4th defendant should approve and sign over cession to them of rights, title and interest in the property. The plaintiff also claims costs on the punitive scale of legal practitioner and client. More
This is a chamber application for condonation for the late filing of an appeal that was filed on 25 February 2011. It was served on the Attorney General on 28 February 2011 whose representative filed a response on 16 March 2011. The response read:
“Be pleased to take notice that it is not intended to oppose the application. The respondent had sight of the respondent’s (sic) reasons for delay. May the relief be granted as per draft order.”
On 25 March 2011 I dismissed the application on the basis that the applicant was in willful default and had no prospects... More
This is an appeal against the decision of the Works Council of the Respondent. The Respondent dismissed the appellant following disciplinary proceedings for “Proven cases of theft” in violation of provisions of the respondent’s code of conduct.
The facts of this matter appear to be largely common cause. They are as follows:
The appellant who was employed by the respondent as a driver was sent to collect “empties”. After travelling for a distance of 26 kilometres there was a decline of fuel in the truck he used in the volume of between 95 and 120 litres (diesel). Further the respondent... More
The plaintiff sued the defendant essentially seeking an order, to confirm cancellation of an agreement between the parties, for the eviction of the defendant from stand 2030 of stand 61 Machipisa Complex, Zvishavane, for damages and interest thereon and costs of suit.
The defendant has put up a fight and defended the action seeking for the dismissal of the plaintiff’s claim with costs. More
This application involves the interpretation and effect of two agreements that were executed by the Ashanti Goldfields Zimbabwe Limited (“Ashanti”) with the applicant. The applicant seeks the transfer of Stand number 591 Waterbury Crescent Bindura from Ashanti and costs of suit. It is opposed. More
After working for the greater part of one’s life an employee not only looks forward to taking a deserved rest from active employment but reasonably expects to receive their pension timeously and in full as prescribed by law. More
Applicant and Noah Taguta have been quarrelling over the High Priesthood of Marange Apostolic Church of St. Johanne for some years now. Each is now leading a faction. The fight for the right to inherit priestly regalia has been ongoing for some time. This case, HC 11783/11, and case no. HC 11782/11 mirror the extent to which the fight has evolved. Though both cases were placed before me for hearing I decided to issue separate judgments in view of the specific issues in each case. This judgment pertains to the issues in HC 11783/11. More
. This application was placed before me together with another application HC11783/11 wherein the present applicant is also applicant and the second respondent is cited as the first respondent. The issues in the two applications are related. I have however opted to deal with the applications separately. This judgment is therefore in respect of case No. HC 11782/11. More
This is an application for the return to the applicant of goods seized from the applicant by fourth respondent. The goods were seized on the basis of the order granted by this court (per CHITAKUNYE J) in Case Number HC 489/07. The basis of the application is that the seizure of the goods was unlawful as it was not done pursuant to a writ of execution. It is common cause that, indeed, there was no writ execution on the basis of which the fourth respondent acted when he recovered the goods. The application is opposed by the first respondent. More
The applicants in this matter seek an order in the following terms -
"It is ordered that: -
(1) it is hereby declared that clause 3 of the employment contracts between respondent and applicants entitling applicants to payment of a mileage allowance based on mileage of 4 000 kilometre per month at applicable standards AAZ rates remains part of the contracts between the parties. Accordingly the applicants are entitled to payment of such allowance;
(2) respondent pay the outstanding allowance to the applicants inclusive of interest at the prescribed rate from the date the allowance became due to date of... More
1. This is an appeal against the whole judgment of the High Court (“the court a quo”) handed down on 17 January 2024, wherein it dismissed an application for relief, made in terms of s 4 of the Administrative Justice Act [Chapter 10:28] (“AJA”). The court a quo held that it had no jurisdiction to hear the dispute between the appellant and the first respondent emanating from a lease agreement between the two parties, in which they agreed that any disputes would be heard by the Magistrates Court More
This is a bail application lodged by the applicant after the first application was refused in this court. The first application was refused on the 27 August 2020. The applicant is now applying for bail on the basis of new facts. He is jointly charged with four other persons. The five are charged with the crime of robbery as defined in section 126(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations are that; applicant, a member of the Zimbabwe National Army, in connivance with his accomplices executed an armed robbery at Inyathi, approximately sixty kilometres from... More
The applicants who are mother and son have been resident at the property which is a farm situate in the District of Gwelo since 1989. The 1st applicant’s late husband Moven Nkomo entered into an oral lease agreement with Naseby Estate Ltd, a company which previously owned Naseby farm. Applicants have been rearing cattle, goats, pigs and poultry at the farm apart from being engaged in crop cultivation. In 2005, applicants were advised by the Ministry of Lands that the farm had been gazetted for acquisition by government. Further, they were promised first preference during the impending resettlement. In 2009,... More
This is an urgent application wherein the applicant seeks the following interim relief:
“Pending the determination of this matter, the applicant is granted the following relief:
That the 1st, 2nd and 3rd respondents and all persons claiming through them be and are hereby interdicted from interfering with the applicant’s occupation and use of the mining claims being:
1. Antelope 1 Mine held under registration number 19143.
2. Antelope 2 Mine held under registration number 19050.
3. Antelope 3 Mine held under registration number 19051.”
The facts of this matter are that the 2 parties herein entered into an option agreement... More
WAMAMBO J: This is an urgent chamber application for stay of execution pending the determination of an application for rescission of judgment.
The basis of the application as per the applicant’s founding affidavit is as follows:
On 24 February 2025 under HCH 7808/23 an order was rendered in favour of the first respondent against the applicant in default. After consultations with different legal practitioners applicant filed a court application for rescission of judgment under Case No HCH 1006/25.
Applicant is under corporate rescue. Prior to the appointment of a corporate rescue practitioner an order under HC 8140/21 was granted against... More
